Many people are familiar with Driving While Intoxicated, more popularly known as DWI; however, not a lot of people are aware that there is also Boating While Intoxicated (BWI). It might sound awkward to those who never operated a boat, but for boaters, they are aware of it. And just like how road driver’s alcohol intoxication often leads to numerous accidents and fatalities, it’s pretty much the same when you are on the water. It might not be as common as what you see on the news when compared to car crashes or road accidents, but the thing is, boating accidents happen and it’s fatal too.
In Florida, alcohol intoxication while operating a water vessel is also one of the leading causes of accidents, that’s why Florida maritime attorneys are always working on water accident victims for them to get the justice and compensation they deserve.
The boating while intoxicated law is strictly prohibited all over the state. Just like other violations, it also has jail time, fines and license suspension. So if it is your first time to hear of it and you are a boater or a new operator, better be careful when drinking.
There are specific laws which are widely known, and there are also many that most people don’t know they exist. While some are just minor, some are serious and can get one in trouble without being aware of it. In Florida, jet ski, yachts, fishing and boating are very popular hobbies. It is, in fact, a tradition for many families and friends to go sailing or to go fishing and camping. The state is rich in water resources, and there are many natural human-made lakes spread all over the country. But if you are a beginner to boating, it is essential to learn not just the basics of operating a boat to get your license, but you should also be aware of the boating laws. It is especially true if you love drinking. So today, let’s give you the basics on the Boating While Intoxicated (BWI) law in Florida.
This law prohibits people from operating any form of watercraft while on drugs or alcohol. When we say watercraft, it does not only involve a, but it also includes any water vessels such as an aquaplane or water ski. A craft is defined by law as any device propelled by water current which carries or transports people on the water.
The law may either be known as Boating While Intoxicated (BWI) or Boating Under Influence (BUI). Under the law, the person suspected of BUI or BWI is someone who is impaired by alcohol or drugs, so he is not able to have regular use of his physical or mental faculties. It is also someone who has a Blood Alcohol Concentration (BAC) of 0.08% or higher as shown through a test using his blood, urine or breath.
What is BWI?
The boating while intoxicated law in Florida prohibits anyone from operating a watercraft of any kind while on alcohol or drugs. A watercraft is defined as any vessel operating in water just like a boat, ski or an aquaplane. On the other hand, a craft is any device propelled through water current and is used to transport people on the water. Anyone suspected to be impaired by alcohol or drugs is asked to undergo a Blood Alcohol Concentration (BAC) test through urine, blood or breathe. Anyone proven to have a BAC of 0.08% and higher will get charged with BWI.
The Penalties
You might be wondering what happens to a person who is proven to for BUI or BWI. There are similar consequences for everyone proven guilty. And just like DWI, the penalties are dependent on certain factors. The first factor considered is the number of convictions or number of time the accused has been involved in BWI and DWI. Yes, that is right, they count the number of priors for both DWI and BWI. The second consideration is if there is an accident that came about due to the intoxication and if it caused severe bodily injury to another. The last factor is if the crash resulting in BWI caused death. In such cases, the penalties can be severe.
When it comes to the penalties, they are somehow similar to Driving While Intoxicated (DWI) or Driving Under Influence (DUI). Once you are proven guilty, then corresponding sanctions will be imposed on you. The penalties will depend on the number of times you are charged with either DWI or BWI, the severity of the offense and several other factors. The harm caused to humans and properties is also taken into consideration.
First Offense BWI
For first time offenders, it is often considered as a class B misdemeanor, and the fine is up to $2000. The person will also have a jail time between 72 hours to 180 days. If the offense caused severe bodily harm, it is counted as a third-degree felony, and the sentence is between two to ten years in jail plus fines of a maximum of $10000. On the other hand, if it caused death, it is considered as a third-degree felony, and the sentence is between two to twenty years in prison plus a maximum fine of $10000.
Second Offense BWI
For your second offense in BWI or DWI, it will count as a class A misdemeanor. The fine will be a maximum of $4000 and jail time ranging from 30 days to one year.
Third Offense BWI
On the other hand, on your third BWI or DWI offense, it will count as a third-degree felony. The offender may face jail time of two to ten years and a fine up to $10000.
The best way to avoid getting in trouble with the law or worst getting into accidents is to minimize your drinking when operating a boat. What we recommend for boat drivers is, do not drink at all. Remember, the water is more unpredictable than on the road, as boat vessel drivers, being in your clear state of mind and with concentration is important. This is not only for your own life but for the safety of your passengers.
Author Credits
Having graduated with a Bachelor of Science degree in Marine Engineering from Massachusetts Maritime Academy, acquired three U.S. Coast Guard licenses and worked on offshore oil drilling platforms for more than seven years, Keith S. Brais brings an uncommon degree of real world experience to clients’ personal injury and wrongful death claims. His unique maritime education and experience, combined with his professional legal expertise and trial skills provide invaluable benefit to clients when describing the dangers associated with maritime employment to a judge or jury. Keith S. Brais is one of a very specialized group of lawyers in the State of Florida that is Board Certified in Maritime and Admiralty Law by the Florida Bar. Additionally, Keith S. Brais holds an “AV” rating from the Martindale-Hubbell Law Directory, the highest rating attainable.
